Rematha Grayson first noticed her daughter’s problems with focus and reading in kindergarten. She asked the school for help and they offered to monitor Makayla. Between first and second grade, young Makayla switched school buildings. This change caused a lack of continuity and a confusing paper trail. While the school continued to “monitor,” Makayla continued to have behavioral challenges in school and continued to fall behind.

Makayla has several medical conditions, including asthma, sleep apnea, allergies and eczema. She is up during the night and her medication makes her sleepy. Robert Needlman, her MetroHealth pediatrician, thought her medical issues indicated that she had special needs.

Ms. Grayson requested the school district evaluate her daughter. She made this request for three years, but no action was taken. Then the school told her Makayla was not ready for fourth grade.

Needlman wrote to the school requesting a full special education evaluation. When the school district didn’t reply, the pediatrician referred the family to a Legal Aid lawyer who is part of the team at MetroHealth, Danielle Gadomski Littleton. Before they received the attorney’s request, the school did initiate a full evaluation, but Ms. Gadomski Littleton was now watching the results.

The tests showed Makayla qualified for special education services. Ms. Gadomski Littleton requested compensatory education and the school agreed to provide two summers at The Help Foundation.

Thanks to her Legal Aid lawyer, Makayla is now thriving in school – and has the protection of a
plan for services that will help her graduate and succeed in life.

Click here to view the full Poetic Justice Issue where this story appeared.

Legal Aid has long been a leader in medical-legal partnerships, giving Cleveland area patients access to health and wellness by addressing the social determinants of health through no-cost legal assistance.

By meeting clients where they receive their health care, Legal Aid can address civil legal issues that impact health, such as barriers to food assistance and other public benefits, barriers to employment or health care, snowballing debt, or housing instability.

St. Vincent patient, “Suzanne Lisle,” faced a number of these barriers. After losing her job and struggling to find employment in her field in the late 2000s, she started drinking heavily to quell her disillusionment. As her dependency on alcohol grew, Suzanne became estranged from her family and friends. Eventually, her drinking led her to multiple arrests — one for driving while intoxicated.

Realizing she needed help, Suzanne entered a treatment program at St. Vincent’s Rosary Hall, where she met Legal Aid attorney Jenn Kinsley through the medical-legal partnership. Kinsley conducted a legal check-up, which uncovered multiple issues Legal Aid could address to help Suzanne stay focused on her treatment program. Legal Aid represented Suzanne in five cases, resolving issues with bankruptcy, food stamps, health care and social security benefits, as well as sealing her criminal records.

At a hearing before the judge, Kinsley presented testimony on Suzanne’s rehabilitation process and her future goals. The judge ruled in Suzanne’s favor, and within two weeks of the hearing, her convictions were removed from electronic databases. Because of the high-quality legal assistance Legal Aid could provide her through the medical-legal partnership with St. Vincent, Suzanne now has the stability and fresh start to recovery and to get back to the profession she loves.

Suzanne’s story, and the stories of the hundreds of clients served through Legal Aid’s partnerships with St. Vincent Charity Medical Center, MetroHealth Hospital Systems and University Hospitals, show that a legal check-up can help establish a stronger foundation for improved physical and emotional health.

Isabel Ramirez Blancas left her home in Mexico for a new life in the United States, where she thought her U.S. citizen husband would petition for her residency status. But instead, he gave her a false ID card and forced her to work.

Compounding her disappointment, Ms. Ramirez suffered domestic violence at home. She never reported her situation because she was afraid to go to the police. Instead, Ms. Ramirez endured her husband’s abuse until the day she came home to find he had taken his own life.

With no husband, no income to support the couple’s young son, no documented status, and little English language ability, Ms. Ramirez was emotionally distraught. Her provider at MetroHealth’s McCafferty Clinic referred her to Legal Aid, where she met a Spanish-speaking staff attorney.

“I was very happy to come across a lawyer that spoke Spanish,” Ms. Ramirez said. “It made me feel I could trust her and the organization to do good work on my behalf.”

The Legal Aid attorney found that Ms. Ramirez was eligible to self-petition for legal permanent residency under the Violence Against Women Act, and helped her begin the process.

Immigration cases often span many years, and Ms. Ramirez’s was no exception. Initially, the petition was denied in 2013 because her abuser was no longer living, but Legal Aid helped her appeal the decision. After the appeal was granted on the self-petition, Legal Aid attorney Agustin Ponce de León filed for Ms. Ramirez’s adjustment of status and work authorization.

Three years after Ms. Ramirez first filed, the government approved all her petitions, giving her lawful permanent residency and work authorization. Mr. Ponce de León personally delivered her green card to her door.

As for Ms. Ramirez, she is working on her English via a course, and she and her son are setting down roots in the only hometown her son has ever known.

Damian Calvert:   From Inmate to Community Leader

When a person is convicted of a crime, he may spend days, months or years in prison, but the criminal record will affect him for much longer.   Formerly incarcerated individuals struggle to find jobs, housing, health care and other necessities. It’s much harder to avoid re-offending when these needs are not met. Despite the hurdles, success is possible. Damian Calvert is an inspiring example.

Damian Calvert spent 18 years in prison. As many young adults were graduating from high school, going to college or starting jobs – Calvert was facing a long road through the correction system to achieve a life free from crime. According to Calvert, “my journey of incarceration wasn’t just a physical journey it was an interior journey”¦. I had a lot of self-introspection, facing my own demons and dealing with my own issues – emotionally, spiritually and mentally.”

Despite the challenges Calvert faced during and after prison, he returned home and is creating positive change in his community. Much of Calvert’s success today is based on the groundwork he laid while still incarcerated.   Calvert founded the NAACP chapter at Grafton Correctional Institution (GCI) in 2005. As part of his work with the NAACP, Calvert conducted outreach to many people outside the prison walls. Given that he could not participate in typical networking, he invited key stakeholders into the prison. Many of those people are now Calvert’s friends and coworkers in the community.

Within two days of leaving GCI, Calvert found a job. A short time later he enrolled at Cleveland State University to pursue a Masters in Non-Profit Management. Just over two years after Calvert’s release, he has his own apartment and car, and he is the Lead Organizer for Stand Up Ohio (Cleveland Region). Calvert proudly speaks about his life story: “If I cannot accept and be comfortable with myself, how can I expect others to treat me with the respect and dignity I deserve?”

This article was written by Erika Anthony of Oriana House, Inc.  and appeared in The Alert: Volume 29, Issue 2. Click here to read the full issue.

Elyria residents Kody and Tina had not anticipated becoming foster parents to pre-teens.

“We went from being a young couple in our early 20s with no roommates, to all of a sudden having to be responsible,” Tina said as she remembered what it was like to take in her husband’s nephews.

Though their hearts expanded with their household, the couple found life to be busy and finances tight. With permission from the boys’ parent, Kody claimed them on his tax return for two years without incident.

But when the IRS decided to audit, the family struggled to provide proof that the boys were under their care. Facing $10,000 in back taxes, Kody reached out to Legal Aid, where ACT 2 in-house volunteer John Kirn helped the couple identify and obtain the documents they needed.

“It was a mess, but our attorney was awesome. He really helped us a lot, calling us each week to update us,” Tina said. “And now we know what documents we need in the future.”

As an adoptive father himself, Kirn holds his pro bono clients in high esteem. “They’re such admirable people,” Kirn said. “The problem was that at least until the court granted custody, they had to establish that they really had them in their care, and we guided them through the process.”

Over the next several months, Kirn helped the couple obtain and submit the documentation they needed for the IRS. They also acquired another bright spot in their life. “Along came number three, the youngest nephew,” Kirn said.

With Legal Aid’s representation and guidance, the family received the news that they no longer owed the staggering debt. And while Kody’s oldest nephews have been reunited with their biological parent, the couple is in the final stages of becoming forever parents and a safe, stable home to Kody’s youngest nephew.

Special thanks to The Cleveland Foundation’s Encore Prize and the Legal Services Corporation Pro Bono Innovation Fund for supporting Legal Aid’s ACT 2 volunteer program for retired and late-career attorneys.

By Phillip Morris in The Plain Dealer on 1/13/19

A Cuyahoga County jury wasted no time determining Thomia (Mia) Hunter’s future on a cold Friday afternoon in January 2005. With less than two hours of deliberation, the jury convicted Hunter, 26, of murder and felonious assault in the stabbing death of Andrew Harris, her on-again, off-again boyfriend. She was given a life sentence.

Melanie GiaMaria remembers the day judgment was rendered. As Hunter’s social worker and a freshly minted lawyer, GiaMaria had followed every moment of the trial.

“The verdict was mind-blowing. I couldn’t believe what I had just witnessed. The medical examiner had concluded that Mia was credible. It was an affirmative defense. It was clear that she was fighting for her life when she stabbed her abuser. She chose to live.”

“I went to the lobby of the Justice Center and waited by the elevator. I knew where the jurors would come down. It wasn’t my proudest moment, but I yelled at them. I let them know that they had made an awful mistake. They had just ruined someone’s life. They were sending a woman to prison for defending herself. I wish I could confront those jurors again today and tell the same thing,” said GiaMaria in a phone conversation Friday.

Ohio Governor John Kasich just sent a message of his own to the criminal justice system that tried and convicted Hunter: Abused lives matter. Last week, Kasich commuted Hunter’s life sentence to time served.

The Ohio Parole Board, which advises governors on commutation decisions, was particularly disturbed by the reality that a battered women’s syndrome defense (a form of post-traumatic stress disorder) was not mounted to explain Hunter’s reaction that fateful night.

Hunter stabbed Harris in the leg and severed his femoral artery as the man choked, beat, and attacked her with a knife in her apartment. Hunter, who had no prior criminal record is now set to be released on July 15 after completing a reentry program run by the Ohio Department of Rehabilitation and Correction.

Call it a small step forward. But, in Ohio, how far have we actually evolved in our understanding of the horrors and prevalence of domestic violence? Are we really getting better at not looking the other way or simply ignoring it?

“I believe we are getting better at identifying how a history of abuse affects the life or death decisions that people in crisis make,” said Alexandria Ruden, an attorney with the Legal Aid Society of Cleveland.

“Our social understanding of domestic violence is starting to catch up with the law. Efforts like the Time’s Up and Me Too Movements help. But, we still have a long way to go,” she added.

In 1990, Ohio became one of the last states in the Union to pass a law allowing expert testimony of battered woman syndrome as evidence in a claim of self-defense. At the time the new law was created, it was derided by some Ohio prosecutors, police, and media outlets as a license to kill.

Then Governor Richard Celeste jumped into the middle of the domestic violence debate on his way out of office in December 1991. At the urging of his wife Dagmar Celeste, and others, he granted clemency to 25 woman who were serving time for murder or felonious assault. These were all women who were convicted before a defense was permitted to introduce expert testimony of battered woman’s syndrome in court.

The Plain Dealer published an editorial shortly after the mass clemency, calling Celeste’s decision “either an act of generosity or gross misjudgment.” I remember the commentary well, as I was a member of the editorial board at the time.

Thankfully, we’ve all evolved, including Celeste, 81, living somewhere in Colorado. Even after using his power of clemency to free inmates serving time for violence — a courageous and proper act justice — Celeste sent the women home with this extraordinary warning:

“This is not a license to kill someone who comes home and takes a swat at you from time to time,” said Celeste.

A swat or two is often how the nightmare begins.

Yes, we all continue to evolve.

Isabel Ramirez Blancas left her home in Mexico for a new life in the United States, where she thought her U.S. citizen husband would petition for her residency status. But instead, he gave her a false ID card and forced her to work.

Compounding her disappointment, Ms. Ramirez suffered domestic violence at home. She never reported her situation because she was afraid to go to the police. Instead, Ms. Ramirez endured her husband’s abuse until the day she came home to find he had taken his own life.

With no husband, no income to support the couple’s young son, no documented status, and little English language ability, Ms. Ramirez was emotionally distraught. Her provider at MetroHealth’s McCafferty Clinic referred her to Legal Aid, where she met a Spanish-speaking staff attorney.

“I was very happy to come across a lawyer that spoke Spanish,” Ms. Ramirez said. “It made me feel I could trust her and the organization to do good work on my behalf.”

The Legal Aid attorney found that Ms. Ramirez was eligible to self-petition for legal permanent residency under the Violence Against Women Act, and helped her begin the process.

Immigration cases often span many years, and Ms. Ramirez’s was no exception. Initially, the petition was denied in 2013 because her abuser was no longer living, but Legal Aid helped her appeal the decision. After the appeal was granted on the self-petition, Legal Aid attorney Agustin Ponce de León filed for Ms. Ramirez’s adjustment of status and work authorization.

Three years after Ms. Ramirez first filed, the government approved all her petitions, giving her lawful permanent residency and work authorization. Mr. Ponce de León personally delivered her green card to her door.

As for Ms. Ramirez, she is working on her English via a course, and she and her son are setting down roots in the only hometown her son has ever known.

1. Am I eligible for any benefits?

Many benefit programs can help people who have limited income afford living expenses such as utilities, food, health care and transportation. Some of these programs are designed just for seniors and adults with disabilities. You may become eligible for programs once you reach a certain age, experience a new health condition, or lose a source of income.   The easiest way to find out what assistance you are eligible to receive is by completing a Benefit Check Up.  Seniors and adults with disabilities can contact the Aging and Disability Resource Network to complete a Benefit Check Up: 1-855-585-ADRN (2376) or go to www.benefitscheckup.org

2. Have I been a victim of identity theft?

Someone may be using your identity and ruining your credit. If identity theft continues, you could be sued by creditors and you might not be able to borrow money when you need it. You can check your credit report to find out if someone has opened accounts in your name.  Each year, you can get a free credit report from three different companies.  You should request one every 4 months from a different company. To request a credit report call Equifax at 1-800-525-6285, Experian at 1-888-397-3742, or Trans Union at 1-800-680-7289.  You can also request reports online at www.annualcreditreport.com.  If your credit report shows activity that you did not authorize, follow the steps recommended by the Federal Trade Commission to report and stop identity theft.  See http://www.consumer.ftc.gov/features/feature-0014-identity-theft.

3. Am I financially prepared for an emergency?  

Emergencies are unpredictable but there are some things you can do to prepare yourself.

• Keep copies of important papers such as insurance, bank account, health care and estate planning information in a safe place you can easily find them.
• Keep some emergency money in a safe place where you can easily get it, even if you can only spare a small amount.
• Identify a safe place you can stay temporarily if something happens and you cannot stay in your home.  Also make a plan for how you will get there.
• If you have someone in your life you trust completely, consider sharing the above information with that person so they can help you if needed.  Do NOT share information about your finances or other important matters with anyone you do not know well and trust completely.

Planning ahead can help keep unexpected costs to a minimum during an emergency.

This article was written by Emily Mutillo from the City of Cleveland Department of Aging and appeared in The Alert: Volume 30, Issue 1. Click here to read the full issue.

Josie Glover thought, “Never in my wildest dreams” she could someday own her own home. She saved and saved, then took a series of classes through Lorain Metropolitan Housing Authority to guide her through the process.

When she found the perfect home, she signed up for automatic withdrawal so her payment would never be late. Her loan was sold to another lender, but somehow, the direct withdrawal information was not. Suddenly, she was behind in her payments.

She had the money in her account and wrote a letter to the bank, but they wouldn’t accept payments
they considered “late.” The bank also refused to consider the incomes of the other members of the household, her son, who gets SSI, and daughter who works as a phlebotomist.

She applied for a loan modification in 2013, but was turned down for the same reason. She was facing foreclosure and turned to Legal Aid for help.

Ms. Glover’s mortgage loan was insured by the Federal Housing Administration (FHA). Her Legal Aid attorney, Phil Althouse, knew that federal regulations related to FHA loans required Ms.Glover’s lender consider the other household
income. He also identified other violations of Ms. Glover’s legal rights by the lender and promptly filed motions that prevented a foreclosure judgment from being finalized. Mr. Althouse knew that there was more to be done for Ms.
Glover and advised her to file a charge of discrimination against the mortgage lender with the Ohio Civil Rights Commission. Ms. Glover’s mortgage lender signed a settlement agreement with Ms. Glover and the Commission. As part of the settlement Ms. Glover obtained a loan modification. The settlement also resulted in the monitoring of FHA lenders services in Ohio.

But the lender failed to adhere to the terms of the agreement so Mr. Althouse requested that the case be re-opened by the Commission. The Commission referred the matter to the Ohio Attorney General’s office for further action which helped resolve all issues to Ms. Glover’s satisfaction.

“Ms. Glover had the benefit of legal counsel. Other borrowers may not be as fortunate,” states attorney Althouse. As a result of the Ms. Glover’s case, the Civil Rights Section of the Ohio Attorney General’s office now closely collaborates with legal aid programs around the state to better protect the civil rights of low-income clients.

Ms. Glover was able to secure a fair loan modification agreement and hold the mortgage servicer accountable for acting in bad faith. More importantly, the support of Legal Aid allowed Ms. Glover to keep her home. “It was scary and frustrating,” recalls Ms. Glover. “I didn’t know who to turn to, but Mr. Althouse was great. He put his all into helping me.” She is looking forward to celebrating the holidays in her home.

Click here to view the full Poetic Justice Issue where this story appeared.

Gwendolyn Frazier and her husband worked hard all their lives and paid off the mortgage on their Elyria home. Her husband took out a consolidation loan with OneMain Financial, but they paid their bills.

Her husband passed away in 2013. After that, when mail came addressed to him, she marked it “deceased” and sent it back – including mail from
CitiFinancial. She had no business with CitiFinancial and thought it was junk mail. She didn’t know OneMain was connected to

CitiFinancial, until the
bank sent a certified letter with foreclosure papers.

“It was such a burden,” she recalls. “I’m not somebody who’s sitting around not making my payments. ”

She called and called and called for months, but couldn’t get any information about how to pay the loan. The home went into foreclosure in 2014 and in a phone trial, the magistrate told her she was “out of luck” because she was not named on the loan.

Ms. Frazier sought help from Legal Aid. Volunteer attorney Kathleen Amerkhanian of Kryszak & Associates agreed to take the case pro bono. Legal Aid attorney Marley Eiger coached volunteer Amerkhanian on new Consumer Finance Protection Bureau (CFPB) rules that require the bank to not only to accept payments from the “successor-in-interest” but also to provide information about assumptions and modification options to the loan.
“Ms. Frazier needed a lawyer to frame the case as a legal issue and provide a basis for why they should look at loss mitigation,” says Ms. Amerkhanian. “By couching it in the correct terms, the court took notice.” Ms. Amerkhanian got the case out of foreclosure. In mediation, she pointed out that the bank was not in compliance with federal CFPB regulations. She helped Ms. Frazier compile all the documentation needed – until finally the bank offered an affordable plan.

Thanks to her volunteer lawyer, the foreclosure was dismissed early in 2016.

“The ability to really make an impact on somebody who desperately needs your help is very rewarding,” says Ms. Amerkhanian. When you take a case from Legal Aid, there is a lot of support. Marley Eiger provided a lot of information and lent her expertise, and that was invaluable.”

“The lender was ignorant of the law, indifferent to the homeowner’s compelling hardship and tried to sabotage her,” says Legal Aid attorney Marley Eiger. “Not one thing about this case was easy or routine, but Kathleen was very persistent.”

Thanks to Legal Aid, Ms. Frazier’s home is safe and she can enjo y her hobbies of cooking and volunteering at her church. And, most importantly – she can care for her family in her home without worry.

Legal Aid’s work to ensure shelter in Lorain County is supported by the Nord Family Foundation and the Community
Foundation of Lorain County.

After Ingrid Perry’s mother passed away two years ago, the manager at the housing complex where they both lived gave Perry 15 days to get hermother’s unit cleared out.

“I was cleaning her apartment, and all of a sudden the fire alarm and sprinkler system went off. Nobody knew how to turn it off, so it was on for 15 minutes or more,” Perry said, “Everything was soaked, all my mother’s photos, everything.”

The loss of precious keepsakes was painful enough, but then Perry got a $1,500 bill for water damage and a threat to evict from her landlord.

Perry called Legal Aid, where attorney Maria Smith took her case and negotiated an agreement with the apartment complex that prevented her eviction if she agreed to vacate her apartment. The landlord also agreed to provide a neutral reference as Perry prepared to move into subsidized housing.

Keen to avoid both the fine and an eviction record that could jeopardize her new housing, Perry moved out by the deadline, received back her mother’s security deposit, and found a new home without incident. For the time being, Perry had some closure to a painful chapter.

But two years later, the young woman received another invoice from the corporate headquarters of the complex — this time for $2,800 in damages.

“It felt like they were tearing the scar off an old wound,” Perry said. “Didn’t I already go through enough?”

Perry had left her own unit in fine condition, with a housing inspection report to prove it. Yet the corporate headquarters were taking advantage of the way the previous court case had settled – “without prejudice,” meaning the plaintiff could file a future lawsuit for damages.

Perry called Legal Aid for the follow-up help and staff attorney Callie Dendrinos was her advocate.  The corporate office alleged that she had hit the sprinkler head while cleaning out the apartment. At a petite 4’11’’ it was unlikely any part of Perry could have set off the sprinkler.

Dendrinos knew Perry had a strong case and issued a written discovery outlining the many holes in their complaint.

“It seemed they were hoping she wouldn’t show and they’d get a default judgement against her,” Dendrinos said. “When it was clear we were going to litigate this, they lost their appetite.”

With Legal Aid’s representation, Perry received her second favorable outcome as the plaintiff dropped the suit. “The news lifted such a weight off me,” Perry said. “I was finally able to move forward in my life.”

Did you know most eviction cases are over in only 5-7 minutes?  Having an attorney by your side in court makes all the difference when your home is at risk.  Yet, people lose their housing every day because they don’t know or understand their rights as a tenant.  Special thanks to the Bruening Foundation, First Federal of Lakewood, Higley Fund, KeyBank Foundation, Murphy Family Foundation, Sisters of Charity Foundation, Ulmer Berne, and United Way of Greater Cleveland: all groups helped underwrite Legal Aid’s housing advocacy over the past year.  Ms. Perry’s case would not be possible without their support.

Between speeding traffic and the crunch and rumble of machinery, Celestine Gaters braved her job as a construction zone traffic flagger with grace. It could be harsh physical work for the nearly 60-year-old widow, but the pay was good and she’d already hung on three years.

One blustery February day, Ms. Gaters saw a gust of wind topple a traffic sign. When she bent down to retrieve it, her safety glasses slid off her face and she shoved them in her pocket. When she was done grappling with the cumbersome sign, she put the glasses back on.

But four days later, her supervisor called to fire her for safety violations.

“I thought, this is wrong!” Ms. Gaters said. “And I thought, I got a house and a car; I got bills. I was really scared to not have a job or the finances to pay my bills while looking for a new one.”

Legal Aid staff attorney Arcola Whatley took her case, gathering details just days before the hearing before the Unemployment Compensation Review Commission. She presented evidence to the commission that showed her client was terminated without just cause and was owed unemployment compensation. After listening to Ms. Whatley’s clear articulation of Ms. Gaters’ actions and the employer’s conduct, the hearing officer ruled in Ms. Gaters’ favor.

She received enough unemployment compensation benefits to tide her over while she was applying for other positions.

Now Ms. Gaters has a new job with fewer physical demands and straightforward rules.  She says she’s eager to pay forward the kindness she received by telling everyone about the help she received from Legal Aid and Ms. Whatley: “I’m so thankful for Legal Aid. It’s just nice to know that someone cares; they took a lot of worry off me!”

This and other success stories from Legal Aid’s employment law practice are generously underwritten by The Deaconess Foundation.

George O’Malley* was laid off from his job as a fork lift driver and he needed unemployment benefits to tide him over until he could find a new job.

He signed on as a substitute custodian for a local school district, but the 58-year-old found the work aggravated health issues with his back, and he asked for lighter work. Since no alternative job was available, he re-opened his unemployment case and his benefits resumed.

A bureaucratic mistake was a near catastrophe for Mr. O’Malley: while a doctor confirmed he couldn’t do repetitive bending and lifting, the paperwork seemed to say he couldn’t work at all. The Unemployment Commission issued two negative determinations on his case: His benefits were denied and he was assessed an overpayment.

Mr. O’Malley feared he would have no income and still have to pay back the benefits he had already received. Soon he found Legal Aid and attorney Anita Myerson represented him at two appeal hearings. Eventually, the overpayment debt of $1570 was removed and Mr. O’Malley received $1310 in back benefits. But the best outcome was that Mr. O’Malley found a new job just as he exhausted his 26 weeks of benefits.

“Legal Aid a great help to me and I was very happy with the way everything was handled,” says Mr. O’Malley. Thanks to Legal Aid, he went from not having enough money for groceries to a new job that pays $17 an hour.

* Client name was changed to protect privacy. Legal Aid is grateful to the Deaconess Foundation for their support of Legal Aid’s work to remove barriers to employment.

Daniel Tirfagnehu, Esq., a 2014 graduate of Case Western Reserve School of Law, has a funny story about how he became one of more than 3,000 volunteer attorneys for Legal Aid. “Legal Aid was holding a clinic for attorneys on how to handle expulsion hearings,” he says. “I went for the free lunch.” Joking aside, Tirfagnehu says he saw a connection between expulsions and his own law practice. “I’m a criminal defense lawyer,” Tirfagnehu says. “Expulsions are kind of a natural expansion of that because it’s people facing discipline.”

One such student facing discipline was “Evelyn,” a 7th grader with intellectual disabilities who was attending a local school. On a day when class got rowdy, Evelyn joined in the fray and threw a book at another student. Her teacher overstepped and physically restrained her. When Evelyn defended herself, the school moved to expel her.

Evelyn’s parents got in touch with Legal Aid, and the case was referred to Attorney Tirfagnehu. “The stakes are really high in these expulsion hearings,” Tirfagnehu says. “Expulsions can hurt kids for the rest of their lives.”

Research supports this assertion. In 2014, the Department of Education published a series of resources for schools that linked exclusionary policies (suspensions and expulsions) with increased
likelihood of dropouts, substance abuse, and involvement with the criminal justice system.

“It’s good to have lawyers in these cases where students are getting into really serious trouble and are looking at getting expelled,” added Tirfagnehu.

After taking on Evelyn’s case, Tirfagnehu spoke to Evelyn’s mother to gather more details about the incident. He then went to work advocating for the girl’s rights, arguing in her defense at school administrative hearings and in meetings with the superintendent. The school district eventually agreed to dismiss the expulsion proceedings. The district also agreed to set Evelyn up for success by providing her with the supports she’d need because of her disability. Thanks to Tirfagnehu, Evelyn was able to stay in school and continue on her path to high school graduation.

When asked why he continues to represent students, Tirfagnehu says it’s because people need assistance and he has the skillset to help them. “If I was a baker,” he says, “I would hope that every once in a while I would give out a cake for free to someone who couldn’t afford it… If you have a couple of hours to help people that need help, why not?”

Elyria residents Kody and Tina had not anticipated becoming foster parents to pre-teens.

“We went from being a young couple in our early 20s with no roommates, to all of a sudden having to be responsible,” Tina said as she remembered what it was like to take in her husband’s nephews.

Though their hearts expanded with their household, the couple found life to be busy and finances tight. With permission from the boys’ parent, Kody claimed them on his tax return for two years without incident.

But when the IRS decided to audit, the family struggled to provide proof that the boys were under their care. Facing $10,000 in back taxes, Kody reached out to Legal Aid, where ACT 2 in-house volunteer John Kirn helped the couple identify and obtain the documents they needed.

“It was a mess, but our attorney was awesome. He really helped us a lot, calling us each week to update us,” Tina said. “And now we know what documents we need in the future.”

As an adoptive father himself, Kirn holds his pro bono clients in high esteem. “They’re such admirable people,” Kirn said. “The problem was that at least until the court granted custody, they had to establish that they really had them in their care, and we guided them through the process.”

Over the next several months, Kirn helped the couple obtain and submit the documentation they needed for the IRS. They also acquired another bright spot in their life. “Along came number three, the youngest nephew,” Kirn said.

With Legal Aid’s representation and guidance, the family received the news that they no longer owed the staggering debt. And while Kody’s oldest nephews have been reunited with their biological parent, the couple is in the final stages of becoming forever parents and a safe, stable home to Kody’s youngest nephew.

Special thanks to The Cleveland Foundation’s Encore Prize and the Legal Services Corporation Pro Bono Innovation Fund for supporting Legal Aid’s ACT 2 volunteer program for retired and late-career attorneys.

Members of the Lorain County Bar Association have stepped up to offer free legal advice to those in need.

Matt Dooley’s first time volunteering at Legal Aid’s monthly legal advice clinic at Oberlin Community Services led him into experiences he doesn’t normally get in his day job as partner at O’Toole, McLaughlin, Dooley, & Pecora. First, Mr. Dooley primarily deals with class action suits and other federal cases, but his pro bono work now might bring him to small claims court.

Attorney Nikki Burns Dertouzos has also gained insights into new legal areas through volunteering with the Lorain clinic and in her role as outreach coordinator with the Lorain County Reentry Coalition.

“There are definitely some things that are not my niche, like foreclosure and bankruptcy,” Ms. Burns Dertouzos said, “But Legal Aid provides such good support and advice, I don’t ever hesitate to undertake the conversations outside my expertise.”

For Mr. Dooley, one recent pro bono experience involved reaching a settlement where his client paid a lesser amount, which she could afford. Mr. Dooley said in retrospect, “Would I do it again? Absolutely. And I’ve been encouraging other attorneys to volunteer as well.”

What: Free Legal Advice Clinic with emphasis on consumer, foreclosure, family law, housing cases, and other civil legal matters
When: 2:00 – 3:30 p.m., the second Tuesday of every month
Where: The Oberlin Depot, 240 South Main Street, Oberlin, OH 44074
Get Involved: Attorneys are welcome to volunteer their skills and time, and students are encouraged to help with clinic intakes. Contact the Lorain County Bar Association at (440) 323-8416, or Legal Aid Volunteer Lawyers Program at www.lasclev.org/volunteer, or Oberlin Community Services at (440) 774-6579.

Read the full issue of Poetic Justice where this article appears. 

First-time homebuyer Nicole Parobek had spent all her savings and six months of sweat equity to rehabilitate her new home. Only after she and her boyfriend had substantially increased its value did a creditor claim a $31,800 lien, threatening foreclosure if they didn’t pay.

When the attorney she hired for the sale refused to talk to her, Ms. Parobek sought help from Legal Aid, where Mark Wallach, a Thacker Robinson Zinz attorney, took her case pro bono.

“I’m sort of the specialist in off-the-wall cases,” Mr. Wallach said of his reputation with Legal Aid’s Volunteer Lawyers Program. “I like to be able to take a complicated situation and straighten it out.”

The case was unusual for a number of reasons: “Usually people take out a mortgage, and banks require them to buy title insurance, which includes a title search,” Mr. Wallach said. “But here, she was buying the house outright for such a small amount of money.”

To Ms. Parobek’s credit, she kept meticulous records of all the work she had done. She also made a prescient move during the sale by obtaining a signed, notarized document declaring the
home free of liens. Mr. Wallach suspected malpractice, but when the estate attorney indignantly refused to contact his malpractice carrier, Mr. Wallach filed a claim against him.

“That got his attention,” Mr. Wallach said. “His insurance carrier hired counsel to represent him, and that attorney reached a settlement with the creditor’s attorney where the malpractice carrier would pay… and Nicole wouldn’t have to pay anything.”

Ms. Parobek’s victory shows that justice could be won through her own record-keeping and persistence, combined with the prowess and willingness of her Legal Aid volunteer
attorney.

“They get to keep their house and nobody is going to bother them,” Mr. Wallach said. “It was a sad story with a happy ending.”

Want to be a hero like Attorney Wallach? Join Legal Aid’s Volunteer Lawyers Program by calling Ann McGowan Porath, Esq. at 216-861-5332. Read more about Ms. Parobek’s story and make a gift to Legal Aid at www.lasclev.org.

When Deborah Coleman left her position at Hahn Loeser & Parks in 2013, her next step was to open her own firm focusing on arbitration, mediation, and professional ethics. She also took this opportunity to dramatically increase her pro bono involvement. For over fifteen years, she had been a volunteer with Legal Aid, taking one case at a time, every once in a while. Since re inventing her practice three years ago, Deborah has volunteered over 200 hours of her time – handling several cases at a time – to ensure shelter, safety, and economic security for the most vulnerable members of our communities.

“With just a few exceptions,” Deborah says, “the cases I’ve taken present familiar legal issues—breach of contract claims, dealing with an insurer, real estate disputes. My clients are typically the working poor, who lack the resources to unpack or readily resolve their problems.”

“I enjoy helping individuals understand their options, implement a strategy and, if possible, improve their situation,” she continued. In a recent matter, Deborah was able to assist clients in renegotiating their land contract, getting the land contract forfeiture case against them dismissed, and getting the property taxes reduced to reflect market realities. “My clients had poured four years of sweat equity into making the house they bought livable, and now have the prospect of being able to keep it affordably.”

Brandy* called Legal Aid about filing for divorce from her husband who is serving a three-year sentence on drug charges. She wanted to end the  marriage so she could get a fresh start.

Legal Aid established a Pro Se Divorce Clinic in Lake County for couples who have uncomplicated cases. Brandy, an Ashtabula resident, was a perfect candidate for the clinic. She and her husband don’t own a home, and don’t have bills or accounts in both of their names. Pro bono attorney and member of the Lake County Bar Association Jim O’Leary was able to help her fill-out and file the paperwork. Brandy was so grateful for Legal Aid’s help navigating the forms and the courts; now, she can have a new beginning.

“We as attorneys need to be mindful that people need our help and may not be able to afford it,” says Mr. O’Leary. “From my perspective it was a lot of fun, I was amazed at how organized the entire clinic was.” He added that it was nice to see his colleagues at the bar working together for the good of the community. “Sometimes, the only time we see other attorneys is when we’re in court fighting.”

The Pro Se Divorce Clinics in Lake County began in 2013 thanks to the vision of Lake County Domestic Relations Judge Colleen Falkowski. Judge Falkowski worked with Legal Aid and the Lake County Bar Association to create a model that provides access to individuals who otherwise might not be able to get help from Legal Aid. Since 2013 – more than 200 people have been helped through the clinics, which assist participants with everything from proper court dress and behavior to filing their divorce papers pro se.

*Names have been changed to protect clients’ privacy. To g

et involved with the Pro Se Clinic – or any Legal Aid volunteer opportunity – visit www.lasclev.org/volunteer

Gwendolyn Frazier and her husband worked hard all their lives and paid off the mortgage on their Elyria home. Her husband took out a consolidation loan with OneMain Financial, but they paid their bills.

Her husband passed away in 2013. After that, when mail came addressed to him, she marked it “deceased” and sent it back – including mail from
CitiFinancial. She had no business with CitiFinancial and thought it was junk mail. She didn’t know OneMain was connected to

CitiFinancial, until the
bank sent a certified letter with foreclosure papers.

“It was such a burden,” she recalls. “I’m not somebody who’s sitting around not making my payments. ”

She called and called and called for months, but couldn’t get any information about how to pay the loan. The home went into foreclosure in 2014 and in a phone trial, the magistrate told her she was “out of luck” because she was not named on the loan.

Ms. Frazier sought help from Legal Aid. Volunteer attorney Kathleen Amerkhanian of Kryszak & Associates agreed to take the case pro bono. Legal Aid attorney Marley Eiger coached volunteer Amerkhanian on new Consumer Finance Protection Bureau (CFPB) rules that require the bank to not only to accept payments from the “successor-in-interest” but also to provide information about assumptions and modification options to the loan.
“Ms. Frazier needed a lawyer to frame the case as a legal issue and provide a basis for why they should look at loss mitigation,” says Ms. Amerkhanian. “By couching it in the correct terms, the court took notice.” Ms. Amerkhanian got the case out of foreclosure. In mediation, she pointed out that the bank was not in compliance with federal CFPB regulations. She helped Ms. Frazier compile all the documentation needed – until finally the bank offered an affordable plan.

Thanks to her volunteer lawyer, the foreclosure was dismissed early in 2016.

“The ability to really make an impact on somebody who desperately needs your help is very rewarding,” says Ms. Amerkhanian. When you take a case from Legal Aid, there is a lot of support. Marley Eiger provided a lot of information and lent her expertise, and that was invaluable.”

“The lender was ignorant of the law, indifferent to the homeowner’s compelling hardship and tried to sabotage her,” says Legal Aid attorney Marley Eiger. “Not one thing about this case was easy or routine, but Kathleen was very persistent.”

Thanks to Legal Aid, Ms. Frazier’s home is safe and she can enjo y her hobbies of cooking and volunteering at her church. And, most importantly – she can care for her family in her home without worry.

Legal Aid’s work to ensure shelter in Lorain County is supported by the Nord Family Foundation and the Community
Foundation of Lorain County.